Ever since Lois Lerner invoked the Fifth, we’ve argued for putting the her back before Congress under oath. Because no one knows more than she does about IRS targeting of conservative organizations.
We’ll see if House Oversight Committee chairman Darrell Issa can get her there. This week, he sent a letter to Lerner’s attorney saying he expects her to testify Tuesday. In response, Lerner’s lawyer has said she won’t testify unless a federal court orders it or she is granted immunity.
Either way, Lerner’s next move will be illuminating. If she doesn’t show up, or she shows up and invokes the Fifth, she risks being held in contempt of Congress, not least because the committee has already ruled she waived her right to invoke the Fifth when she read an opening statement discussing some of these issues.
And given her request for immunity, it’s more likely she will keep her mouth shut rather than risk criminal charges that might result from testimony.
At this stage, with committee members saying they have been stonewalled by the administration and Justice Department, it’s way too early to consider immunity. On top of this, questions about Lerner’s truthfulness and liability have grown since her last appearance.
In his letter, Issa alluded to an IRS e-mail that says participants worked “off plan” — i.e., in secret — on new rules that would explicitly allow the IRS to limit the speech of nonprofits. The Obama administration is now trying to push these rules through, despite opposition from liberal as well as conservative groups.
If there’s really not a “smidgen” of corruption, as President Obama says, Lois Lerner now has an opportunity to prove it.